Insurance Co. of North America v. Edmondson

District Court of Appeal of Florida

Insurance Co. of North America v. Edmondson

354 So. 2d 887, 1977 Fla. App. LEXIS 17294

CourtDistrict Court of Appeal of Florida

DecidedDecember 21, 1977

DocketNo. DD-386

StatusPublished

Cited by3 cases

This text of 354 So. 2d 887 (Insurance Co. of North America v. Edmondson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Insurance Co. of North America v. Edmondson, 354 So. 2d 887, 1977 Fla. App. LEXIS 17294 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

Appellants argue the Volusia County Hospital, which settled with the ap-pellee in exchange for a release from liability, is a joint tortfeasor, so that Section 768.041(2), Florida Statutes (1975) is applicable and requires a set-off from the jury verdict rendered against appellants the amount of the release executed to the hospital. The determination of whether two or more persons are joint wrongdoers is one of fact dependent upon circumstances of the particular case. Louisville and N. R. Company v. Allen, 67 Fla. 257, 65 So. 8 (1914); Hudson v. Weiland, 150 Fla. 523, 8 So.2d 37 (1942). The appellants have not, and cannot, point to facts reflected in this limited record showing the damages incurred by the wrongdoers cannot be apportioned. The final judgment is, therefore

AFFIRMED.

ERVIN, Acting C. J., MELVIN, J. and NIMMONS, RALPH W., Jr., Associate Judge, concur.

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PER CURIAM.

Appellants argue the Volusia County Hospital, which settled with the ap-pellee in exchange for a release from liability, is a joint tortfeasor, so that Section 768.041(2), Florida Statutes (1975) is applicable and requires a set-off from the jury verdict rendered against appellants the amount of the release executed to the hospital. The determination of whether two or more persons are joint wrongdoers is one of fact dependent upon circumstances of the particular case. Louisville and N. R. Company v. Allen, 67 Fla. 257, 65 So. 8 (1914); Hudson v. Weiland, 150 Fla. 523, 8 So.2d 37 (1942). The appellants have not, and cannot, point to facts reflected in this limited record showing the damages incurred by the wrongdoers cannot be apportioned. The final judgment is, therefore

AFFIRMED.

ERVIN, Acting C. J., MELVIN, J. and NIMMONS, RALPH W., Jr., Associate Judge, concur.

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354 So. 2d 887, 1977 Fla. App. LEXIS 17294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/insurance-co-of-north-america-v-edmondson-fladistctapp-1977.

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